STATEMENT OF 

FACTS, 

Relatiivg to a Private and 
Town Way ^ 

IN THE TOWN OP MEDFORD- 



TO THE CITIZENS OF THE TOWN 
OF MEDFORD. 



The subscriber having received notice from the Selectmen 
of the town of Medfoid of their intention to lay out a loim ivmj 
over his land, and the subject matter of said way, not as a town 
way, but as a private way, having been frequently considered ; 
and much misapprehension existing, as the subscriber believes, 
in relation to the proceedings and the rights ol the parties con- 
cerned, he respecttully submits to his fellow citizens, the lads in 

tllC CclSG 

Three several petitions have been presented to the Selectmen 
by John Symmes, Marshall Symmes, and others, for a private 
way for their use over the subscriber's land. The lirst petition 
was dated July 7th 1840, and will be found appended. (Marked 

The Selectmen attended to this petition, viewed the premises 
and heard the parties, and no further action was had thereon, 
as will appear from the second petition. 

The second petition was dated the Gth of August 1840, and is 
also appended. (Marked No. 2.) , j ., 

The Selectmen again met, viewed the premises, heard the 
parties, and no further action was had thereon, as will appear by 
the third petition. 

The third petition was dated March 11 , 1841. On the 20th of 
March the Selectmen met to view the premises for the third 
time At that meeting the subscriber submitted to the Select- 
men' his affidavit, dated March 20th, which is also annexed. 
(Marked No. 4.) The Selectmen heard the parties, and no 
further action has been had on said application, but the subscri- 
ber has been notified by the Selectmen, that they propose to lay 
out a to^vn way. Their notice, dated March 22, 1841, is as 
folo ws. 

JVotice is hereby Given, that the subscribers. Selectmen of 
Medford, in the county of Middlesex, propose to lay out a Town 
way from Grove street in said Medford to the Southerly part or 
branch of Symmes' River, so called, near the sash factory occu- 
pied by Joseph Gould, and nearly in the route of the private way 
now leading from said street to kobert Bacon's hat factory, and 
over lands of the heirs of Josiah Symmes, deceased, and of the 
Boston and Lowell Rail Road Corporation, and of Robert 
Bacon, and that said Selectmen will meet for that purpose on 
Monday, the 29th day of March inst. at two o'clock P. M. in 
said Grove street at the entrance of said private way leading to 

said hat factory. 

ALEXANDER GREGG, ) Selectmen 
JAMES W. BROOKS, S of 

JUDAH LORING, ) Medford. 

Medford, March 22d, 1841. 

It will be perceived that the notice now issued to the subscri- 
ber, is for the laying out of a tow7i way. He is informed by 
the counsel for the private petitioners that there has been no 
petition for a town way, nor has he had any notice of such. All 
the petitions have been for a private way. The last petition is 



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signed by John Symmes and Marshall Symmes, and is for a 
private way for their use alone. All the notices previously 
issued upon the three several petitions were for a private way 
as will be seen by the Notices which are appended. (Marked 
No. 5, No. 6, and No. 7.) The subscriber is not aware of any 
interest the town can have in establishing and maintaining such 
a way as is proposed. 

He also believes that the several petitions for a private way, 
having uniformly been found insufficient to authorize it, it would 
not be granted in that form, upon a full knowledge of the facts. 

The present petitioners, John and Marshall Symmes, have for 
more than ten years past enjoyed the use of his private Avay, by 
suflVage free from expense, and were offered the same freely, at 
the two first hearings before the Selectmen, but the subscriber 
was not willing then, nor is he now, to give up the control of 
his own private way, where no public interest requires it. This 
right of way was granted to him, by the town in 1828, and the 
way was built and has been maintained by him, at great expense. 
The documents appended, (Marked No. 8, 9, and 10) will show 
his original right to this way, which the proposed road, if laid 
out, would in effect take from him. The certificate of the 
Selectmen in 1835, and the opinion of the counsel who is now 
for the petitioners, will show that the right of the private way 
the subscriber now enjoys was fully and legally secured to him. 

The subscriber is also prepared to show by original deeds, that 
the petitioners now have a right of way, and that a better way 
than the one asked for in their petition may be laid out. 

With these facts he leaves it to his fellow citizens to consider 
the merits of the question, if it shall come before them in Town 
Meeting, to approve or disapprove the laying out of the proposed 
town way, reserving to himself all his legal rights in the prem- 
ises. ROBERT BACON. 

Medford, March 25, 1841. 

[NO. I.] To the Gentlemen, the Selectmen of the town oj Med- 
ford, in the Coimty of Middlesex. 
The petition of Elizabeth Symmes, John Symmes, Marshall 
Symmes, and Edmund Symmes, all of said Medford, and Ebene- 
zer Symmes of said Medford and Charles Symmes of 
and Loring Emerson of Woburn in said County of Middlesex, 
respectfully show, that they are seized of and hold several pieces 
of land situated in said Medford, betwixt the Boston and Lowell 
Rail Road and Symmes' River, so called; that is to say the said 
Elizabeth, thirteen acres, part of the real estate of her late hus- 
band, John Symmes, deceased, by virtue of his last will, for and 
during her life, and the said John, Marshall, Edmund, Ebene- 
zer, and Charles, the remainder in said thirteen acres in fee by 
virtue of the same will, and the said John, Marshall, and Ed- 
mund, another piece there containing five acres, and the said 
John and Marshall another piece containing nine acres, and the 
said Emerson another piece containing five acres, that the 
former way leading from High street to their said lands has been 
partially interrupted by the said Rail Road, and turned along on 
the North side thereof as far as the passage way under said 
Rail Road now used by Robert Bacon, and others, where it 



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turns and passes under said Rail Road to the south side thereof, 
to land of said Bacon from whence your petitioners have no con- 
venient way to Grove street, and they request you, gentlemen, 
to lay out one for their use, to begin on said Grove street, at or 
near the way now used by said Bacon, and that formerly used 
by the petitioners, and from thence over lands of said Bacon, and 
of Josiah Synimes, of Woburn, aforesaid, so as to meet and con- 
nect withtheir way under said Rail Road, as aforesaid, agreea- 
bly to the form of the statute in such cases made and provided. 
Dated at Medford, July 7, 1840. 
Signed, Elizabeth Symmes, 

Marshall Symmes, John Sy3imes, 
EdmundSymmes, Ebenezer Symmes, 

Charles Symmes, Loring Emerson. 

By Abner Bartlett, their Attorney. 
A true copy, attest, C. N. Bacon. 

[NO. II.] To the Selectmen of the Toivn of Medford, in the 
County of Middlesex. 
Elizabeth Symmes, John Symmes, Marshall Symmes, and 
Edmund Symmes, inhabitants of said Town, respectfully repre- 
sent, that they are interested in and hold certain lands situated 
in said Medford, betwixt the Boston and Lowell Rail Road, and 
Symmes' River, so called, that is to say, the said Elizabeth as 
devisee as and bj the last will of her late husband, John 
Symmes, of said Medford, gentleman, deceased, is seized of 
thirteen acres there for the term of her natural life, and the said 
John, Marshall, and Edmund, as devisees in and by the same 
will are seized of three undivided fifth parts of and in the 
remainder thereof in fee simple, and also of another piece there 
containing five acres, and the said John and Marshall are seized 
of another piece there containing nine acres, that all said pro- 
prietors have no convenient ways from their respective lands 
out towards the public highway called Grove street, in said 
Medford, as far as the Easterly line of the said nine acre lot, of 
the said John and Marshall aforesaid, between which Hue and 
said street, their former way is interrupted by said Rail Road, 
and although the said John and Marshall have a way from 
thence along on the northerly side of said Rail Road, over land 
heretofore granted by them to Robert Bacon, as far as the west- 
erly line of land heretofore owned by Abel Stowell, now belong- 
ing to said Bacon, yet none of the said proprietors have now any 
convenient way from their said lands quite out to said Public 
Highway or street, they therefore request you, gentlemen, tr 
lay out a way from the easterly line of said nine acre lot, ove, 
land of said Bacon, to the westerly line of the said Stowell land 
for the accommodation of the said Elizabeth and Edmund, and 
from thence over land of said Bacon and land of said Rail Road 
Corporation, and of Josiah Symmes, to said Grove street, for 
the accommodation of all said Petitioners, at or near the point 
where the way now used by said Bacon enters said street. 

Elizabeth Symmes, 
John Symmes, 



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Marshall Symmes, 
Edmund Symmes. 
By Abner BartletTj their Attorney, 

A true copy : attest, C. N. Bacon. 

Medford, August 6lh, 1840. 

[NO. III.] To the Selectmen of the town of Medford, in the 
Coimty of Middlesex. 

John Symmes and Marshall Symmes, both of said Medford, 
Yeomen, respectfully represent that they are seized of and hold 
together in fee, as tenants in common, a piece of pasture and 
tillage land, containing nine acres, situated in the north westerly 
part of said town of Medford, betwixt the Boston and Lowell 
Rail Road, and Symmes river so called, also two undivided fifth 
parts of the remainder in fee, of another piece of land, there ad- 
joining to said nine acre lot, subject to the life estate of Elizabeth 
Symmes, widow of John Symmes, deceased, — also two undivided 
th rd parts of another piece of land there adjoining to said thir- 
teen acre piece, that their ancient way, leading from the public 
highway, now Grove Street in said Medford, to their said lands 
has been intercepted by the passage of the said Rail Road, and 
although they have now a convenient way from their said lands 
along on the northerly side of said Rail Road, over land heretofore 
conveyed by them to Robert Bacon as reserved and mentioned in 
their deed of said land to him, bearing date 25th May, 1835, as 
far towards the east as that lot extends, viz : to the westerly line 
of land heretofore owned by Abel Stowell, now belonging to said 
Bacon, from which last mentioned line your petitioners have no 
entire way out to said Grove Street ; wherefore they request 
you, gentlemen, to lay them out one, to begin upon said Grove 
Street, at or near the point where the way now used by said 
Bacon enters said Street, near where the said ancient way used 
by your petitioners entered said Street, and from thence over 
land of said Bacon, or of the heirs of Josiah Symmes deceased, 
or of both, and lands of the proprietors of said Rail Road, to 
the easterly side of the said land, conveyed by the said John and 
Marshall to said Bacon on the north easterly side of said Rail 
Road above mentioned, at the easterly end of their said way, 
reserved in their said deed above mentioned, agreeably to the 
form of the Statutes in such case made and provided. Dated 
at Medford the eleventh day of March, 1841. 

Signed, MARSHALL SYMMES, 

JOHN SYMMES. 

A true copy, attest, N. Bacon. 

[NO. IV.] Affidavit of Robert Bacon to he used before the Se- 

lectmeti of Medford on the application of John and 

Marshall Symmes for a private road. 

In 1835 I called on Mr. Patrick T. Jackson to buy some land 

he had to sell near my premises. He told me he would not sell 

the land without the Stowell place. I could not agree with him 

for the Stowell place, and left him. I then asked Dea. John 

Symmes to buy the land, and I would take part of it. He told 

me his brother Marshall would Ike part of it. I then told him 

to buy it, and I would take one third part of it ; that part which 

joined my premises, and pay the difference. I paid thirty-three 

and one third per cent, more than the average cost. I gave 



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Dea John Symmes two hundred and fifty dollars, (which was 
more than enough to pay my part of it) before he got his deed. 
After they got their deed they had me surveyed about one quar- 
ter part of it. They then claimed of nic the right to pass over 
my land. I remonstrated against it. 1 told them whoever 
bou<Tht the StowcU place would probably build, and that would 
cut them otT, and if 1 bought, 1 certainly should. Dea. John 
Symmes has claimed for himself and others the right to pass 
over the land I bought of (iould and Pierce, and the land the 
south side of the bridge, also a right to pass over my bridge 
over land 1 bought of Stowell, and over land I bought of Samuel 
Hutchinson and Rev. Mr. Coggin. Also to cross the river over 
land he bought of Patrick T. Jackson for me. All my deeds 
deny any and all the claims ho makes. Dea. Symmes shows 
deed from William Symmes to his son John Symmes, dated the 
16th of June A. D. 176 1. Extract from said deed—' with lib- 
erty of passing and re-passing to the same when will be conve- 
nient and will do the least damage.' When I first stated to 
Dea Svmmes that I was going to build, I observed to him that 
Mr Johnson had a piece of land he wanted to sell, joining their 
land and fronting Grove Street. I proposed he should buy the 
land and sell that adjoining me (meaning the land north ot the 
Rail Road •) if he did not find a purchaser on the west side, 
although I did not want it, I would buy it of him. He said I 
had no ricrht to build on my premises. I proposed to him to 
put both of our deeds into the hands of a disinterested person 
he to determine our rights. Sometime before I commenced 
buildinff, one morning as I was in conversation with him, I in- 
vited hfm to come to my house that evening with his wile or 1 
would come to his with mine, and talk over the subject of our 
rif^hts observing that our wives would keep us cool. I agreed 
to^cali on him with my wife. I came home and told my wile on 
my return from Boston, she must go with me in the evening to 
Dea Symmes, and told her what for. In about one hour I start- 
ed for Boston. When I got near the blacksmith's shop, John 
and Marshall Symmes accompanied by a gentleman I did not 
know came out and forbid my building in the presence ot said 
gentleman. Marshall Symmes said I was robbing mm and ta- 
kintr the bread out of his children's mouths. Dea. Symmes said 
to me you have quarreled with every one of your neighbors 
and said he was in hopes to live in peace with me. I pointed 
to Capt La Bosquet's, and asked him if I had ever quarreled 
with him. I consulted my professional ^i^nd and he advised mo 
to build as I have done. ROBERT BACON. 

Sworn to before B. Rand, Justice of the Peace. 
March 20th, 1841. 
[NO v.] To Robert Bacon, ofMedford, «i the County of Mid- 
dlesex. 
You are hereby notified that application has been made to us, 
the subscribers, Selectmen of the Town of Medford, to lay out 
a way for the use of Elizabeth Symmes, John Symmes, Marshall 
Symmes, Edmund Symmes, Ebenezer Symmes, Charles Symmes, 
and Loring Emerson, to begin on Grove street, in said Medtord, 
at or near the road now used by you, and that formerly used by 
the said applicants, and to extend from thence northerly over 
your land, and land of Josiah Symmes, to the Boston and Lowell 



( 6 ) 

Rail Road, so as to meet and connect with the passage way 
under said Rail Road, now used by yourself and others ; and 
through which the said applicants have a way leading to their 
respective lands situated betwixt said Rail Road and Symmes' 
River. 

And we have appointed Wednesday, the twenty-second day of 
July, now current, at two o'clock P. M., to meet on the premi- 
ses to lay out the same, when and where you will attend if you 
see cause. 

Given under our hands atMedford, the eighth dmj of July, 1840. 

T. R. PECK, 
MILTON JAMES, 
JAMES O. CURTIS. 

[NO. VI.] To Robert Bacon, of Medford. 
Whereas, Elizabeth Symmes, John Symmes, Marshall 
Symmes, and Edmund Symmes, inhabitants of Medford, in the 
County of Middlesex, have made application to us, the Select- 
men of said Town of Medford, to lay out a road from their lands 
situated in said Medford, betwixt the Boston and Lowell Rail 
Road, and Symmes' River, so called, over lands of Robert 
Bacon, land of said Rail Road Corporation, and of Josiah 
Symmes, to Grove street, in said Medford. You are hereby 
notified that the said Selectmen will meet to consider and act 
upon said application at the bridge where said railroad crosses 
the road leading from said Grove street to Robert Bacon's 
factory, in said Medford, on the twenty-fourth day of August, at 
2 o'clock, P. M. 

T. R. PECK, ) Selectmen 

MILTON JAMES, } of 

JAMES O. CURTS. ) Medford. 

NO. VII.] To Robert Bacon, of Medford, in the County of 

Middlesex. 
Whereas, John Symmes, and Marshall Symmes, both of said 
Medford, have made application to the subscribers. Selectmen 
of said Medford, to lay out a way for them from Grove street, in 
said Medford, over lands of Robert Bacon, and land of the heirs 
of Josiah Symmes, late of said Medford, deceased, and lands of 
the Boston and Lowell Rail Road Corporation, to the lands of 
said petitioners, situated in said Medford, bewtixt the said Rail 
Road and Symmes' River, so called. 

You are hereby notified that said Selectmen will meet for that 
purpose in Grove street, in said Medford, where the road lead- 
ing from said Bacon's hat factory enters the said street, on 
Saturday, the twentieth day of March, 1841, at 2 o'clock, P. M. 
ALEXANDER GREGG, ) Selectmen 
JAMES W. BROOKS, ) of 

JUDAH LORING. ) Medford. 

Medford, March l^tJi, 1841. 

[NO. VIII.] At a legal Town Meeting in Medford, on the 
first Monday of November, one thousand eight hundred and 
twenty-eight, to hear and act upon the doings of the Selectmen 
relative to laying out a road from Robert Bacon's hat factory in 



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said Medford, to the highway leading by Capt. John Symmes' 
dwelling-house, to the market place, agreeable to the petition 
of said Bacon. 

The Selectmen laid before the Town the foUowmg proceedmgs: 
' To the Selectmen of the Town of Medford, in the Countij of 
Middlesex. The petition of Robert Bacon, of Boston, in the 
County of Sunblk, hatter, respectfully represents, that he is the 
owner of a piece of land, and water-mill privilege in said Med- 
ford, with a dwelling-house and other buildings and machinery 
thereon, which he improves for the manufacture of hats ; that 
his said' establishment is situated a little to the north of the high- 
way leading by the dwelling house of Capt. John Symmes, in 
said Medford, to the market-place there ; that he has no con- 
venient way to pass from his said establishment and hiohway— 
he therefore requests the Selectmen to lay out a way from his 
said establishment, beginning a little below the dam, at his land, 
running in a southerly direction to the highway aforesaid, at or 
near the great gate, opening from said highway into land of 
Josiah Symmes, agreeably to the form of the statute in such 
case provided. ' ^ ROBERT BACON. 

Medford, Sept. 30, 1828. 

Town of Medford, October SOth, A D. 1828. 
We the undersigned. Selectmen of Medford, upon the fore- 
fToino- 'petition proceeded to view the route of the road therein 
prayed for, having first duly notified the proprietors ot the lands 
situated in said route, viz: Josiah Symmes, and Abel Stowell, 
who met with us on the occasion, and after due consideration of 
the subject, and of all suggestions and representations made to 
us relative thereto, being of opinion that the prayer of the peti- 
tion was reasonable and ought to be granted, we have laid out a 
private way for the use of said Bacon, as follows, viz: beginning 
at a stake on his land on the northerly side of the run of water 
belonging to said Stowell, a little to the east of the bridge, and 
from Thence we run a line southerly over land of said Stowell, to 
a stake by land of Josiah Symmes, to the east of the gate in said 
Stowell's fence, from thence nearly in the same course over land 
of said Symmes, to a cedar tree standing about a foot from, and 
next to, the easterly gate, part of the great gate which opens into 
the highway leading by the dwelling-house of Capt. John 
Symmes, as mentioned in said petition, and we have laid out said 
private way on the westerly side of said line, run as aforesaid, 
over the land of said Stowell, twenty feet wide in every part, 
excepting only such place or places as may be straitened or 
narrowed by some building or buildings, now standing partly 
thereon, and over said Symmes' land the whole width or space 
between said line, run as aforesaid, and the land of Samuel 
Hutchinson, on the west thereof. 

TURELL TUFTS, ) Selectmen 

JOHN P. CLISBY, > of 

LEONARD BUCKNAM. ) Medford. ' 
All which proceedings and doings of the Selectmen having 
been read and duly considered by the Town, 
Voted, that the same be accepted and recorded. 
A copy of the Town Book of Records in the Town of Med- 
ford. Abner Bartlett, Town Clerk. 



( 8 ) 

[NO. IX.] To whom it may concern. 
The Selectmen of Medford hereby certify, that the said road 
leading from the highway to Robert Bacon's hat factory in 
Medford, was laid out as a private way for his special use and 
benefit, and that the town of Medford have no interest therein 
which can interfere with said Bacon's enjoyment and control 
thereof, and ai*e under no obligation to support or maintain it. 



TIMOTHY COTTING, 
ISAAC WELLINGTON, 
ISAAC SPRAGUE, 
S. BL AN CHARD, 



Selectmen 

of 
Medford. 



[NO. X.] 3IedJord, March Slst, 1835. 

Mr. Robert Bacox : — Dear Sir. In answer to your inquiry 
relative to your road leading from your house into the public 
highway in Medford ; I can state for the information of all con- 
cerned, that the road was duly laid out by the Selectmen of 
Medford on your application as a private way for your use and 
benefit. It was done according to the form of the Statutes in 
such case made and provided, and submitted to the consideration 
of the town and by the town accepted, and ordered to be recor- 
ded, and I believe is a private way to all intents and purposes of 
the Statute ; it follows therefore, that no owner of the land over 
which the road is laid can do any act upon it, whereby the use 
and enjoyment of it shall be abridged, interrupted, or disturbed, 
without becoming answerable to you in damage therefor. 

ABNER BARTLETT. 

In the matter of the proposal of the Selectmen of Medford, to 
lay out a towtiway from Grove street in said Medford, to the south- 
erly part of the river. 

Robert Bacon, of said Medford, objects to the laying out of 
any road in the place, way and manner, and for the purpose 
proposed. 

And he states the following among other reasons, for his ob- 
jections thereto, namely : — 

Because the way or the principal part thereof, is proposed to 
be laid out in precisely the same place where the said Bacon has 
a private way granted to him and heretofore laid out for his own 
private use and benefit, by the said town of Medford. 

Because the said proposed way will not be a thoroug-hfare, 
and cannot be of any use, as a town way, to the town of Medford. 

Because there is no necessity, occasion, convenience, or ben- 
efit to the town, which requires, or will justify the laying out of 
any such town way. 

Because, the Selectmen cannot without a violation of duty and 
a plain perversion of the law, lay out such a way for a town 
way, where there can be no reasonable or even plausible ground 
for alleging that the public good or common interest, or benefit 
of the town requires it. 

Because, so far from public necessity and convenience requir- 
ing such town way, the interest of the town on the contrary 
requires that no such way should be laid out. 

Because, if the said way shall be laid out, the private property 
of the said Bacon will be taken, not for public use, and without 
any justifiable cause. Robert Bacon. 



To the Inhabitants of the Toivn of Medford in Town-ineeting 
assembled. 

Robert Bacon, of the said town of Medford, respectfully re- 
monstrates against the acceptance by the said town of the report 
of the selectmen of the said town of a town-way, laid out by the 
said selectmen on the twenty-ninth day of March last, from Grove 
street to the southerly part or branch of Symmes river ; and 
your remonstrant begs leave to submit, for the consideration of 
the said inhabitants the following, among other reasons which 
he thinks may properly be urged against the acceptance of the 
said report, and establishment of the way laid out as aforesaid. 

And, first, your remonstrant suggests, that, as far as it can be 
ascertained from the very indefinite description of the way laid 
out as aforesaid, the same, or the principal part thereof, is laid 
out in precisely the same place where the said town, but a few 
years ago, laid out a private way for the particular and private 
use and benefit of your remonstrant upon his petition. And your 
remonstrant further suggests, that the town way so laid out by 
said selectmen, leads only into the premises of your remonstrant, 
and not through or beyond them, or to any public road or thor- 
oughfare, and cannot therefore be used as a thoroughfare or 
way through, which the public, or the inhabitants of the town of 
Medford in general, will have any occasion to or can travel. 
And your remonstrant further suggests, that the said town way 
was not laid out by the said selectmen upon the petition of any 
person or persons, nor has any reason been assigned for the 
laying it out, excepting that it will be for the convenience of 
some of the inhabitants of said town ; which your remonstrant 
suggests may mean no more than two of the said inhabitants ; 
and such reason is quite insufficient to justify the laying the same 
out as a public way, if it could be so laid out according to the 
law. And your remonstrant suggests that from the locality and 
course and termination of the way, it must be obvious to every 
one that the, way so laid out, cannot be used a public or 
town way ; and that if it could be legally laid out and used as 
such way, it would be of no manner of 4^ise, or benefit to the 
town, or any considerable part of its inhabitants or to the public, 
as such way ; and that at the same time the town in such case 
will nevertheless be liable to pay the damages and keep the way 
in repair without deriving any advantage from it whatever. 
And your remonstrant insists, that the way laid out as aforesaid 
by the said selectmen, cannot be established and maintained in 
reality for a private way for two^ or, at most, a very few persons, 
under the guise of a public town way, without committing a 
gross fraud upon that portion of the inhabitants of said town who 
derive no benefit therefrom, and shall object thereto. And your 
remonstrant further suggests, that there is no necessity even for 
a private way in the place where the said town way is laid' out, 
excepting for your remonstrant. And although certain individ- 
uals have recently, at three several times, petitioned to the se- 



( 10 ) 

lectmen of said town to have such private way laid out for them, 
your remonstrant has, as he believes, always been able to sat- 
isfy them that such way ought not to be laid out. And your 
remonstrant further suggests, that since the way aforesaid was 
laid out as a private way for your remonstrant, nothing has 
occurred to render it necessary or expedient to convert this 
private way, leading only into your remonstrant's premises, 
into a public town way ; but the same reasons now exist for 
the possession and enjoyment of the same by your remonstrant 
as and for a private way, for his use and benefit, as did exist 
at the time when the same was laid out as such private way ; 
and as did, at that time, induce the selectmen to lay the same 
out, and the town to accept the same .as such. And your re- 
monstrant insists, that there is no such public exigency in this 
case, as requires, or will justify or even authorize tlie laying out 
and establishment of the said way as a town way upon and irjto 
the private lands and property of your remonstrant ; and that, 
if the same shall be established as a town way, the property of 
your remonstrant will thereby be taken from him, not for the 
public use, but without any just cause or legal right for so doing. 
And your remonstrant further insists, that the said town way 
cannot be laid out and established as such for the benefit of two, 
or, at most, a few persons, without a plain perversion of the law, 
when there is no necessity, occasion, convenience or benefit to 
the town to use it, and no reasonable or even plausible ground 
for alleging that the public good, or common interest or benefit 
of the town, requires it ; and that, therefore, the town ought not 
to sanction the proceedings of the selectmen in laying the same 
out. And your remonstrant further insists that the damages 
awarded to your remonstrant by the said selectmen are merely 
nominal, and if the said way shall be established as a town way, 
your remonstrant will be compelled to appeal to a jury to assess 
his damages. And your remonstrant further insists, that the 
said town way is not laid out by said selectmen by distinct metes 
and bounds, in such manner as is required by law in such case, 
and that the proceedings of the selectmen in laying the same out 
are irregular, informal, and wholly unauthorized by law. Where- 
fore your remonstrant prays that the said report may not be ac- 
cepted. ROBERT BACON, 
April 5, 1841. 



LIBRARY OF CONGRESS 



014 069 930 5 




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